415.370.2590

Menlo Park, CA 94025, USA

@2020 by QuSecure, Inc. Terms & Conditions Privacy Policy

Terms & Conditions

Last Update: Feb 11 2020


AGREEMENT BETWEEN USER AND QUSECURE INC.

Welcome to QuSecure Inc. QuSecure Inc. provides website features (QuSecure Inc. Website) and other products and services to you when you visit QuSecure Inc., use QuSecure Inc. products or services, use QuSecure Inc. applications, or use software provided by QuSecure Inc. in connection with any of the foregoing (collectively, “QuSecure Inc. Services”). The QuSecure Inc. Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the QuSecure Inc. Website constitutes your agreement to all such terms, conditions, and notices.


QuSecure Inc. offers a wide range of Services, and sometimes additional terms may apply. When you use QuSecure Inc. Services you also will be subject to the guidelines, terms and agreements applicable to that QuSecure Inc. Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will be applicable.


QuSecure Inc. Web-site and Services may include: (a) your use and submission of data, text, software (including machine images), or other materials (collectively, “Customer Content”) in connection with the QuSecure Inc. Web-site and/or Services; and (b) the use of various tools, websites, electronic media and services QuSecure Inc. may provide to you in connection with the QuSecure Inc. Web-site and/or Services (collectively, the “QuSecure Inc. Tools”). If you are entering into this Agreement for a commercial entity, government institution, or any other entity (“Entity”), such as the company or educational institution you work for, you represent that you have legal authority to bind that Entity.


PRIVACY

Please review our Privacy Policy located at https://www.qusecure.com/privacy-statement/, which also governs your use of QuSecure Inc. Website and/or Services, to understand our practices.


ELECTRONIC COMMUNICATIONS

When you use QuSecure Inc. Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other QuSecure Inc. Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


USE OF COMMUNICATION SERVICES

The QuSecure Inc. Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations


QuSecure Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in QuSecure Inc.’s sole discretion.


INTELLECTUAL PROPERTY COMPLAINTS

QuSecure Inc. respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.


COPYRIGHT

All content included in or made available through any QuSecure Inc. Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of QuSecure Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any QuSecure Inc. Service is the exclusive property of QuSecure Inc. and protected by U.S. and international copyright laws.


All contents of the QuSecure Inc. Website are: Copyright 2020 by QuSecure Inc. and/or its suppliers. All rights reserved.


TRADEMARKS

QuSecure Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not QuSecure Inc.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits QuSecure Inc. All other trademarks not owned by QuSecure Inc. that appear in any QuSecure Inc. Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by QuSecure Inc.


The names of actual companies and products mentioned in our websites and electronic assets may be the trademarks of their respective owners.


NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent (info@qusecure.com).


ANY NOTIFICATION THAT DOES NOT ADHERE TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.


The written DMCA Notice must include the following:

Identification of the copyrighted work claimed to have been infringed

Identification of the material that is claimed to be infringing and information to reasonably locate the material (i.e., the URL of the webpage containing the material).

Contact information of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, such as an address, telephone number, and email address that can be used as a method of communication.

A statement that the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


LINKS TO THIRD PARTY SITES

The QuSecure Inc. Website may contain links to other Website s (“Linked Sites”). The Linked Sites are not under the control of QuSecure Inc. and QuSecure Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. QuSecure Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. QuSecure Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by QuSecure Inc. of the site or any association with its operators.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the QuSecure Inc. Website, you warrant to QuSecure Inc. that you will not use the QuSecure Inc. Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the QuSecure Inc. Website in any manner which could damage, disable, overburden, or impair the QuSecure Inc. Website or interfere with any other party’s use and enjoyment of the QuSecure Inc. Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the QuSecure Inc. Website.


LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, QuSecure Inc. or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the QuSecure Inc. Website and make personal and non-commercial use of the QuSecure Inc. Services and only for intended purpose. This license does not include any resale or commercial use of any QuSecure Inc. Service, or its contents, or any Customer Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any QuSecure Inc. Service or its contents, or any Customer Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by QuSecure Inc. or its licensors, suppliers, publishers, rights-holders, or other content providers. No QuSecure Inc. Service and Website, nor any part of any QuSecure Inc. Service and Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of QuSecure Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of QuSecure Inc. without express written consent. You may not use any meta tags or any other “hidden text” utilizing QuSecure Inc.’s name or trademarks without the express written consent of QuSecure Inc. You may not misuse the QuSecure Inc. Services. You may use the QuSecure Inc. Services only as permitted by law. The licenses granted by QuSecure Inc. terminate if you do not comply with these Terms of Use or any Service Terms.


MATERIALS PROVIDED TO QUSECURE INC. OR POSTED AT ANY QUSECURE INC. WEBSITE

QuSecure Inc. does not claim ownership of the materials you provide to QuSecure Inc. (including feedback and suggestions) or post, upload, input or submit to any QuSecure Inc. Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission or Customer Content, you are granting QuSecure Inc., its affiliated companies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, publicly perform, reformat, translate, edit, create derivative works from, distribute, and display such Submissions or Customer Content throughout the world in any media and to publish your name in connection with your Submission or Customer Content. Notwithstanding the foregoing, your Submission and Customer Content is your exclusive responsibility. You represent and warrant that (a) you own or control all relevant rights to Customer Content or Submission that you submit to QuSecure Inc.; (b) Customer Content (including, but not limited to, any Personal Information, as defined below) or Submission is accurate, truthful, and up-to-date; (c) any use of Customer Content or Submission will not violate this Terms of Use, infringe a third party’s proprietary rights, or cause injury to QuSecure Inc. or to any third person or Entity; and (d) you will indemnify, defend, and hold harmless QuSecure Inc. for all claims relating to Customer Content or Submission supplied to QuSecure Inc.


Further, you agree that you will not submit any Customer Content or Submission that is illegal, obscene, sexually explicit, threatening, libelous, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not submit Customer Content or Submission containing official personal identification numbers or codes (such as social security number, driver’s license number, passport or national identification numbers, policy numbers, bank account numbers, etc.), or highly sensitive personal information not related to the QuSecure Inc. Services and/or Website (such as race, ethnicity, religion, religious/philosophical beliefs, political or union affiliation or opinions, medical or health information, sexual orientation, disability, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission or Customer Content. QuSecure Inc. reserves the right (but not the obligation) to remove or edit such Submission or Customer Content.


No compensation will be paid with respect to the use of your Submission or Customer Content, as provided herein. QuSecure Inc. is under no obligation to post or use any Submission or Customer Content you may provide and may remove any Submission or Customer Content at any time in QuSecure Inc.’s sole discretion.


Notwithstanding anything foregoing, you may opt to remove your Submission or Customer Content from the QuSecure Inc. Website at any time you wish.


USE OF THIRD PARTY PLATFORM

Subject to age and parent/guardian consent requirements, you may connect with us via social media or other online accounts which may be connected with QuSecure Inc.


DISCLAIMER REGARDING CUSTOMER CONTENT AND SUBMISSION

The QuSecure Inc. Website and Services are not storage services, and QuSecure Inc. takes no responsibility and assumes no liability for Customer Content or Submission or any Third-Party Content. QuSecure Inc. has no obligation to you to store, publish, maintain, or reproduce Customer Content or Submission or Third-Party Content (including any archived copies). QuSecure Inc. does not—and has no obligation to—actively monitor Customer Content or Submission; however, QuSecure Inc. has the right to monitor, edit, or remove any of Customer Content or Submission for any reason, with or without notice. Because we have no obligation to monitor Customer Content or Submission, IT IS YOUR RESPONSIBILITY TO ENSURE CUSTOMER CONTENT OR SUBMISSION IS ACCURATE AND UP-TO-DATE, in compliance with the Terms of Use; AND you should exercise great caution to NOT provide QuSecure Inc. with any information you believe is sensitive.


YOUR SUGGESTION

If you provide any suggested improvements to the QuSecure Inc. Service and/or Website, or any features, programs, or offerings offered through the Service or Website (“Suggestions”), QuSecure Inc. owns all right, title, and interest in and to these Suggestions, even if you have designated them as confidential, and QuSecure Inc. will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions, and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.


PRODUCT DESCRIPTIONS

QuSecure Inc. attempts to be as accurate as possible. However, QuSecure Inc. does not warrant that product descriptions or other content of any QuSecure Inc. Service is accurate, complete, reliable, current, or error-free. If a product offered by QuSecure Inc. itself is not as described, your sole remedy is to return it in unused condition.


SANCTIONS AND EXPORT POLICY

You may not use QuSecure Inc. Website or any QuSecure Inc. Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using QuSecure Inc. Website or Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including QuSecure Inc. Software), technology, and services.


LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE QUSECURE INC. WEBSITE AND/OR QUSECURE INC. SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QUSECURE INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE QUSECURE INC. WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE QUSECURE INC. WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.


QUSECURE INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE QUSECURE INC. WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. QuSecure Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUSECURE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE QUSECURE INC. WEBSITE , WITH THE DELAY OR INABILITY TO USE THE QUSECURE INC. WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE QUSECURE INC. WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE QUSECURE INC. WEBSITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QUSECURE INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE QUSECURE INC. WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE QUSECURE INC. WEBSITE.


CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


SERVICE CONTACT: info@qusecure.com


TERMINATION/ACCESS RESTRICTION

QuSecure Inc. reserves the right, in its sole discretion, to terminate your access to the QuSecure Inc. Website and QuSecure Inc. Service or any portion thereof at any time, without notice.


DISPUTES

Any dispute or claim relating in any way to your use of any QuSecure Inc. Website and/or Service, or to any products or services sold or distributed by QuSecure Inc. will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Terms of Use.


APPLICABLE LAW

By using any QuSecure Inc. Website and/or Service, you agree that the Federal Arbitration Act, applicable federal law, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and QuSecure Inc.


Use of the QuSecure Inc. Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.


MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and QuSecure Inc. as a result of this Terms of Use or use of the QuSecure Inc. Website. QuSecure Inc.’s performance of this Terms of Use is subject to existing laws and legal process, and nothing contained in this Terms of Use is in derogation of QuSecure Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the QuSecure Inc. Website or information provided to or gathered by QuSecure Inc. with respect to such use. If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between the user and QuSecure Inc. with respect to the QuSecure Inc. Website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and QuSecure Inc. with respect to the QuSecure Inc. Website. A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Terms of Use and all related documents be drawn up in English.


MODIFICATION OF THESE TERMS OF USE

Please review our other policies, such as our privacy policy, Trademark Usage policy etc., posted on this site. These policies also govern your use of QuSecure Inc. Services. QuSecure Inc. reserves the right to change the terms, conditions, and notices under which the QuSecure Inc. Website and/or QuSecure Inc. Service is offered, including but not limited to the charges associated with the use of the QuSecure Inc. Website.